Supreme Court Tells Courts to Revisit Transgender Rulings
The ruling in Tennessee’s gender-affirming care case could unravel key legal wins for transgender Americans as lower courts are told to take another look.
The U.S. Supreme Court has ordered lower federal courts to revisit pro-transgender rulings after siding with Tennessee in a 6-3 decision upholding the state’s ban on gender-affirming care for minors.
In its June 30 ruling, the Court found the law did not discriminate based on sex or transgender status — and while it did not address other laws affecting transgender Americans, it opened the door for states to impose even broader restrictions on transgender rights and legal protections.
As reported by CNN, Justices Clarence Thomas, Samuel Alito, and Amy Coney Barrett wrote in concurring opinions that courts should not be required to closely scrutinize laws alleged to discriminate against transgender people.
While the majority of the court did not embrace the view, if those three can convince two of their colleagues that laws restricting transgender rights are not discriminatory in a future case, conservative states could be free to pass whatever anti-transgender laws they wish.
As a result of the Supreme Court’s ruling, the 4th U.S. Circuit Court of Appeals must now review a decision involving insurance exclusions in West Virginia and North Carolina, according to the Associated Press.
The appeals court had previously ruled that West Virginia’s ban on Medicaid coverage for gender-affirming surgery, and North Carolina’s exclusion of transition-related care from state employee health plans, were unconstitutional.
The court also held that the exclusions discriminated against transgender individuals based on sex and transgender status, violating both the Equal Protection Clause of the U.S. Constitution and Title VII of the Civil Rights Act of 1964.
In California, the 9th U.S. Circuit Court of Appeals must reconsider a case challenging Idaho’s ban on Medicaid coverage for transition-related surgery for adults.
In Colorado, the 10th U.S. Circuit Court of Appeals must also revisit a decision that blocked Oklahoma from enforcing a ban on changing gender markers on birth certificates.
In a separate case, the Court declined to hear an appeal from transgender minors and their families seeking to overturn Kentucky’s ban on gender-affirming care — a law nearly identical to Tennessee’s and challenged on the same legal grounds.
The Supreme Court took no action on appeals court decisions in cases from Arizona, Idaho, and West Virginia involving bans on transgender students participating on female-designated sports teams. In all three, the 4th and 9th Circuits found the laws likely discriminatory and unconstitutional. However, the high court could choose to hear one or more of the cases in its next term, which begins in October.
Last month, police in the Malaysian state of Kelantan arrested more than 20 men who allegedly attended a private gathering for gay men at a rented bungalow in the village of Kampung Kemumin. Authorities claimed the men were suspected of intending to engage in “immoral activities.”
At a July 19 press briefing, Kelantan police chief Datuk Mohd Yusoff Mamat said the raid followed a public tip about the mid-June event, which led officers to form a special task force to investigate. The gathering, he said, was a closed-door event promoted on social media and charged an entry fee.
The U.S. Department of Education has warned the school districts of Arlington, Alexandria, Fairfax, Loudoun, and Prince William that they could lose federal funding or face legal action if they do not roll back policies allowing transgender students to use bathrooms matching their gender identity.
The investigations, launched in February after a complaint from America First Legal -- a group founded by former Trump adviser Stephen Miller -- alleges the policies give transgender students more rights than cisgender students under Title IX.
The Education Department has recently stepped up challenges to pro-transgender school policies nationwide, even declaring June, traditionally recognized as Pride Month, as "Title IX Month" and pledging to roll back policies affirming transgender students.
The U.S. Supreme Court has agreed to hear two cases challenging state laws that bar transgender student-athletes from competing on female-designated sports teams at public schools and universities. One of those cases, Little v. Hecox, involves Boise State student Lindsay Hecox, who sued after being denied a spot on the school’s women’s track and cross-country teams under Idaho’s transgender sports ban.
A federal judge blocked Idaho’s law in 2020, finding that it likely violated the Equal Protection Clause of the U.S. Constitution and discriminated against Hecox and other transgender athletes based on sex and transgender status. The 9th U.S. Circuit Court of Appeals upheld the ruling in 2023 and again in an amended opinion last year. The state then appealed to the Supreme Court, asking it to decide whether the ban is constitutional.
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